Kamal vs Badri Prasad @ Badri
2023 Latest Caselaw 4083 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 2303 of 2022
                                               (KAMAL Vs BADRI PRASAD @ BADRI AND OTHERS)

                          Dated : 15-03-2023
                                Shri Arpan Shrivastava, learned counsel for the appellant.

                                Shri Akhilesh Jain, learned counsel for the respondent 1.

Ms. Kamlesh Tamrakar, learned panel lawyer for the respondent 11/State.

Heard on the question of admission.

This second appeal is admitted for final hearing on the following substantial questions of law:-

"1. Whether lower appellate Court has erred in reversing the judgment and decree of learned trial Court contrary to the pronouncement of the Apex Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By Lrs (2001) 3 SCC 179 ?

2. Whether without there being any cogent and reliable evidence, learned first appellate Court has erred in holding the property covered by the sale deed dated 22.04.1961 (Ex.P/2) to be joint property of the parties ?

3. Whether counter claim, as filed by the defendants, was maintainable?" Learned counsel Shri Akhilesh Jain accepts notice of final hearing on behalf of the respondent 1.

Learned counsel for the appellant is directed to supply copy of memo of appeal to learned counsel for the respondent 1 and learned panel lawyer for the respondent 11/State.

Also heard on I.A.No.12111/2022, which is an application under Order 39 Rule 1 and 2 of CPC.

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 3/17/2023 5:58:01 PM

Issue notice of final hearing along with substantial questions of law and I.A.No.12111/2022 to respondents 2-10 on payment of process fee within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status quo in respect of possession and alienation until further orders.

If appeal survives, list for further consideration of I.A.No.12111/2022 after service of notice on the respondents 2-10.

I.A.No.12112/2022, which is an application under Section 103 read with section 151 of CPC shall be considered at the time of final hearing of the

second appeal.

(DWARKA DHISH BANSAL) JUDGE

sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 3/17/2023 5:58:01 PM